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Decision-GRANT-VarianceTOWN OF DARTMOUTH Office of the Zoning Board of Appeals 400 Slocum Road, Dartmouth, MA 02747 Tel. No. 508-910-1868 Board Members Halim Choubah, P.E., Chairman Michael Medeiros, Esq., Clerk Robert Gardner, Jr., Member ___________________________________________________________________________________________ DECISION APPROVAL OF VARIANCE HEARING DATE: September 10, 2019 CASE: VARIANCE CASE NO: 2019-10 PETITIONER/APPLICANT: Jennifer Crowell PROPERTY OWNER: Jennifer Crowell SUBJECT PROPERTY: 396 Reed Road DISTRICT: General Business, Zone III Aquifer Map: 47 Lot: 1 BRISTOL COUNTY REGISTRY OF DEEDS: Book: 12439 Page: 297 ATTENDANCE PRESENT: The Board: Chairman Halim Choubah P.E., Clerk Michael Medeiros, Esq. and Alvin Youman Esq. ASSOCIATE BOARD MEMBERS: Dr. Rahim Aghai Zoning Staff Assistant/Principal Clerk: Michelle Vieira BOARD MEMBER (S) ABSENT: Robert Gardner, Jr. and Dr. Ralph Pollack The Petitioner was seeking a VARIANCE to install a swimming pool 7.8’ from the right of way line where 40’ is required and 27.1’ from the Single Residence C Zoning District where 50’ is required DECISION It was the unanimous decision of the Board of Appeals to GRANT the requested Variance to install a swimming pool 7.8’ from the right of way line where 40’ is required and 27.1’ from the Single Residence C Zoning District where 50’ is required The Board determined the following: Locus property at 396 Reed Road is identified as Map 47, Lot 1 and is located in the General Business District and Zone III aquifer. It also abuts Single Residence C Districts to the south and west. The property measures approximately 14,495 square feet. Presently there are two non-conforming structures on the property. A single family dwelling and a garage structure. The current owner of the property is Amy Case and Jennifer Crowell and the petitioner is Jennifer Crowell. The Petitioner is seeking a Variance pursuant to Article 18, Section 375-18.4C – No structure shall be placed nearer than 50 feet to an abutting Residential District and Article 33, Section 375-33.2 Minimum Setback Dimensions – Minimum setbacks for structures under 12’ in height are 40’ from the right of way line and 50’ from residential zoning districts. There was a Special Permit which was approved by the Dartmouth Zoning Board of Appeals on October 24, 2017 (Special Permit 2017-23) to allow the Petitioner at that time to expand the existing non-conforming single family house living space on the second floor. There are no down gradient public water supplies from the subject property and the area is serviced by municipal water. Infiltration of all roof runoff from existing structures on the property to an on-site infiltration system will improve groundwater recharge. Allowing the pool to be near the property line is allowed in all residential zoning districts in Dartmouth. This lot is the only lot in the area that is zoned General Business and it has been used as a residential dwelling for over 100 years. Allowing the pool to be 7.8 feet off the front property line for this residential use would not impact an abutting residential residences and would not be detrimental to the public good. Installing the 16’x32’ in-ground swimming will not be more detrimental to the neighborhood than the existing structures and will be in harmony with the existing dwellings and surroundings. The requested Variance meets the statutory requirements for granting a Variance pursuant to Massachusetts General Laws Chapter 40A §10. There are circumstances related to soils, shape and topography that especially affect the subject property that do not generally affect the zoning district in which the structure or land is located. The lot is only 65 feet deep, the required front setback is 40 feet and the required rear setback is 50 feet, therefore the setbacks requirements cannot be met due to the unique shape of the lot. The pool is being proposed in the only location it can be placed and meet the minimum setbacks from the septic system. Even though this lot has been in residential use for at least 119 years and is surrounded in all directions by residential zones, this lot and this lot only is in General Business designation. It is truly unique in the zoning District. A literal enforcement of the provisions of the by-law would involve substantial hardship, financial or otherwise, to the petitioner. The pool is being proposed in the only location it can be placed and meet the minimum setbacks from the septic system. Denial of the proposed in-ground pool to be placed in the proposed location would involve a substantial hardship to the Petitioner. Desirable relief may be granted without detriment to the public good. The proposed in-ground swimming pool structure is consistent with residential uses and dwellings in the area. Allowing the pool to be near the property line is allowed in all residential zoning districts in Dartmouth. Even though this lot has been in residential use for at least 119 years and is surrounded in all directions by residential zones, this lot and this lot only is in General Business designation. Relief may be granted without detriment to the public good. (iv) The Variance will not nullify or substantially derogate from the intent or purpose of the by- law. The proposed in-ground swimming pool structure is consistent with residential uses and dwellings in the area. Allowing the pool to be near the property line is allowed in all residential zoning districts in Dartmouth. Granting the Variance will not nullify or substantially derogate from the intent and purpose of the by-law. THE BOARD’S APPROVAL SHALL BE SPECIFICALLY CONDITIONED UPON COMPLIANCE WITH THE FOLLOWING: The Petitioner/owner is to secure all of the necessary permits and approvals from all applicable Boards and Agencies before a building permit is issued. Plans of Record: Site Plans Prepared by: Prime Engineering Prepared for: Jennifer Crowell Dated: May 30, 2019 Notice of Appellate Rights No Variance, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the city or town clerk that twenty (20) days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title. The owner or applicant shall pay the fee for recording or registering. Appeals, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws, Chapter 40A, and shall be filed within twenty (20) days after the date of filing of this Decision in the office of the Town Clerk. If the rights authorized by a Variance are not exercised within one year of the date of grant of such Variance such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefore, and upon the expiration of the original one year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of Massachusetts General Laws Chapter 40A, §10. Copies of the minutes of this hearing are available, upon request, at the office of the Board of Appeals. ZONING BOARD OF APPEALS, TOWN OF DARTMOUTH By: _______________________________ Halim Choubah, P.E. Chairman